Clause 44
Planning Bill
9:30 am
Eric Illsley (Barnsley Central, Labour)
With this it will be convenient to discuss the following: Amendment No. 327, in clause 80, page 37, line 27, at end insert
‘, but in doing so must consider any statement of impacts and mitigation prepared under section (Duty to identify and mitigate adverse impacts).’.
Amendment No. 329, in clause 80, page 37, line 36, at end insert—
‘(b) to consider whether and how the range and comprehensiveness of the issues identified in any statement of impacts and mitigations prepared under section (Duty to identify and mitigate adverse impacts) and mitigations proposed thereto should be examined.’.
New clause 8—Duty to identify and mitigate adverse impacts
‘(1) Further to the applicant’s duties under section 42, the applicant must prepare a statement of impacts and mitigation identifying those effects of the proposed application that have been identified in response to the consultation under section 42 as adverse to the interests of respondents and the steps (if any) that the applicant proposes to take to respond to those impacts.
(2) For each instance of an adverse impact, the statement of impacts and mitigation must set out the applicant’s proposal for mitigating action to be taken by the applicant, or must state that no mitigating action is to be taken.
(3) A statement of impacts and mitigation may propose no mitigating action where it appears to the applicant that—
(a) the adverse impact is insignificant and mitigating action is not warranted, or
(b) mitigating action would be unreasonable due to disproportionate cost, adverse collateral effects on other interests or because it would be otherwise not in the public interest.
(4) The Commission must provide guidance to the applicants on the factors to be considered in identifying impacts and mitigating actions and on circumstances in which no mitigating action may be taken pursuant to subsection (3).
(5) In preparing the statement of impacts and mitigation, the applicant must have regard to—
(a) any relevant response received by the applicant to consultation under section 44(2), and
(b) any guidance given by the Commission under subsection (4).’.